Title II – State and Local Government Programs
Title III – Public Accommodations (12 categories)
Requires “effective communication” – anything that communicates between a covered entity and the public must be communicated effectively to/from people with disabilities. Covers online communications: websites, mobile apps, games, etc.
Website and mobile app regulations under Title II expected from Department of Justice in Spring 2023.
Examples of enforcement:
U.S. v. CVS Pharmacy, Inc. – Department of Justice settlement requiring CVS to make its online vaccine portal accessible
Robles v. Domino’s Pizza – 9th Circuit Court of Appeals held that public accommodations such as Domino’s Pizza with physical locations must make their websites and mobile apps accessible. District Court granted summary judgment to Mr. Robles because the Domino’s website was not accessible, and required Domino’s to make its website compliant with WCAG 2.0 and pay Mr. Robles $4,000 in damages. Settlement reached to make mobile app accessible. National Federation of the Blind of Washington v. Boeing Employees Credit Union – settlement to make online and mobile banking accessible to people with vision and print disabilities.
Examples of enforcement:
Fernandez v. Duke University – lawsuit and settlement under which Duke will retain an expert in providing accessible materials to blind students in higher education and work with the consultant to revise its policies and guidelines regarding materials in alternative format that are intended to provide blind students at Duke with accessible course materials, including textbooks and other instructional materials, in a timely manner prior to use by the instructor in the course.
National Federation of the Blind v. Office of Personnel Management – lawsuit and settlement requiring OPM to make online health benefit information accessible to people with vision and print disabilities.
National Federation of the Blind v. Social Security Administration – lawsuit and settlement to make SSA Visitor Intake Processing kiosks accessible to blind patrons.
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Accessible Canada Act (2019)
Accessibility for Ontarians with Disabilities Act (2005)
Accessibility for Manitobans Act (2013)
Nova Scotia Accessibility Act (2017)
European Web Accessibility Directive (EU 2016/2102)
EU Directive 2019/882
Disability Discrimination Act (1992)
Equal Rights of Persons with Disabilities Act, Israel Standard 5568 (2017)